McHenry Co., IL. (ECWd) –
A petition for Judicial Review was filed yesterday in McHenry County Circuit Court challenging the McHenry County Electoral Board’s decision to leave Sheriff Candidate Tony Colatorti on the ballot by denying the objection to his qualifications for the office.
The issues complained of are:
- Counties Code requires a Sheriff to have, among other things, “Has a certificate attesting to his or her successful completion of the Minimum Standards Basic Law Enforcement Officers Training Course as prescribed by the Illinois Law Enforcement Training Standards Board or a substantially similar training program of another state or the federal government. This paragraph does not apply to a sheriff currently serving on the effective date of this amendatory Act of the 101st General Assembly.”
- Title 20, Section 1720.10 (b) of the Illinois Administrative Code defines the required training as being “continuous and fulltime” – (there is no provision for the parttime course qualifying under the Administrative Code)
- The Counties Code does mention “substantially similar training program” but limits that to “other” states and the federal government – not to substantially similar training of the state of Illinois. (We assume, rightfully or wrongly, that any “substantially similar training” will have to meet the same “continuous and fulltime” Illinois requirements to pass ass substantially similar)
- Colatorti does not possess the required certificate or proof of training under the new provisions in the Counties Code as defined in the Administrative Code – (and the Illinois Law Enforcement Training and Standards Board cannot simply ignore their own definition of the required training program as being continuous and fulltime – especially when other provisions of state law prohibit individuals who completed the parttime training from working as a fulltime officer without also completing the fulltime, continuous and fulltime, training program)
SITBDPosted at 10:50h, 20 April
I don’t believe the new law is Constitutional. We don’t live in a cast system. The new law is to keep the Good Old Boy network in office.
John KraftPosted at 16:51h, 20 April
We believe it is wrong also, but only because we could not find a way for Joe Public to attend the fulltime course to get a certificate in order to run for the office.